How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Maryland, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's rent by default (Md. Real Prop. § 8-203(b)(1)). Up to two months' rent is allowed only if the tenant has qualified for utility assistance through DHS, the lease requires direct utility payments to the landlord, and the parties agree in writing (§8-203(b)(2)).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Maryland |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Damage due to breach of lease | Permitted, if substantiated |
| Damage by the tenant (or household) in excess of ordinary wear and tear to premises, common areas, major appliances, and furnishings | Permitted, if substantiated |
| Claimed deduction | Permitted in Maryland |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any retention without a written list + itemized statement within 45 days | Not permitted |
| Any retention after failure to comply with the notice requirements (forfeiture) | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord must provide a written list of damages and itemized statement of costs within 45 days. Failure to comply forfeits the right to withhold any part of the deposit for damages. The landlord bears the burden of establishing a reasonable basis for any retention.
In Maryland the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Md. Real Prop. Code § 8-203(g)(1), (g)(2) ↗
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.
If the landlord, without a reasonable basis, fails to return any part of the security deposit plus accrued interest within 45 days, the tenant has an action for up to threefold of the withheld amount, plus reasonable attorney's fees. The basis is the withheld amount, not the full deposit.
Md. Real Prop. Code § 8-203(e)(4) ↗Maryland gives the landlord 45 days to return the deposit, longer than the 14/21/30-day windows in many states. Do not confuse it with a 30-day deadline.
Md. Real Prop. Code § 8-203(e)(1) ↗On failure to return without a reasonable basis, the tenant may recover up to threefold the amount withheld (not the full deposit), plus reasonable attorney's fees.
Md. Real Prop. Code § 8-203(e)(4) ↗Maryland is unusual in requiring interest on deposits of $50 or more held at least 6 months, at the greater of the daily U.S. Treasury yield curve rate (1-year) or 1.5% per year, not compounded. The landlord must return this interest with the deposit.
Md. Real Prop. Code § 8-203(e)(1), (e)(2), (e)(3) ↗The default deposit cap is one month's rent, regardless of the number of tenants. Two months is allowed only under narrow conditions (utility-assistance qualification, direct utility payment, written agreement).
Md. Real Prop. Code § 8-203(b) ↗““I kept the deposit for damages.””
Maryland requires a written list of damages and an itemized statement of costs mailed within 45 days. Without that, you forfeit the right to withhold. Provide the list and itemized statement, or return my deposit with interest.
Md. Real Prop. Code § 8-203(g)
““You never asked to be at the inspection.””
You were required to advise me in writing of my right to be present at the inspection when I paid the deposit. Failing to do so forfeits your right to withhold for damages.
Md. Real Prop. Code § 8-203(f)(1)(vi), (vii)
““The deposit covered ordinary wear and tear.””
Ordinary wear and tear is not chargeable. You may withhold only for unpaid rent, breach-of-lease damage, or damage in excess of ordinary wear and tear.
Md. Real Prop. Code § 8-203(f)(1)(i)
Some widely circulated summaries of Maryland deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some generic summaries | 30 days |
| Md. Real Prop. Code § 8-203(e)(1) | 45 days |
What we follow: 45 days
The statute plainly states "within 45 days after the end of the tenancy." Reporting 30 days understates the landlord's window.
| Source | What it says |
|---|---|
| Some summaries | 2 months' rent |
| Md. Real Prop. Code § 8-203(b) | 1 month by default, 2 months under narrow conditions |
What we follow: 1 month by default (2 months under narrow conditions)
The default cap is 1 month. The 2-month option requires utility-assistance qualification plus direct utility payment plus written agreement — not the general rule.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Md. Real Prop. Code § 8-203(e)(1) | 2026-10-15 | official text ↗ |
| Md. Real Prop. Code § 8-203(e)(4) | 2026-10-15 | official text ↗ |
| Md. Real Prop. Code § 8-203(g)(1), (g)(2) | 2026-10-15 | official text ↗ |
| Md. Real Prop. Code § 8-203(e)(1), (e)(2), (e)(3) | 2026-10-15 | official text ↗ |
| Md. Real Prop. Code § 8-203(b) | 2026-10-15 | official text ↗ |
Primary reference: Md. Real Prop. Code § 8-203. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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The statute does not permit deductions for: ordinary wear and tear; any retention without a written list + itemized statement within 45 days; any retention after failure to comply with the notice requirements (forfeiture).
The landlord. The landlord must provide a written list of damages and itemized statement of costs within 45 days. Failure to comply forfeits the right to withhold any part of the deposit for damages. The landlord bears the burden of establishing a reasonable basis for any retention.
One month's rent by default (Md. Real Prop. § 8-203(b)(1)). Up to two months' rent is allowed only if the tenant has qualified for utility assistance through DHS, the lease requires direct utility payments to the landlord, and the parties agree in writing (§8-203(b)(2)).
No. Ordinary wear and tear